Notes, summaries, assignments, exams, and problems for Law & Jurisprudence

Legislative Decrees and Parliamentary Delegation

A Legislative Decree is a rule that emanates from the Government, granted the force of law through delegation by the Parliament.

Key Features of Legislative Decrees

• The Government rules with the force of law.
• Parliament delegates authority via an explicit act of delegation, allowing the Government to dictate these rules, which are called legislative decrees.
• The delegation must be explicit and is subject to time constraints.
• Matters concerning organic law often fall under the scope of legislative decrees.
• The Constitution establishes how the courts control and review legislative decrees.
• Reference is also made to their application in the regional field.

Decree Laws and Autonomous Regions

The dominant doctrinal... Continue reading "Legislative Decrees, Decree Laws, and Regulatory Hierarchy in Constitutional Law" »

Commercial Law Content

The content of the second commercial is synthesized as follows:

• Regulation of the employer and its legal status
• Company Law
• Law of obligations and commercial contracts
• Law of securities
• Bankruptcy law
• Competition law and industrial property

Sources of Commercial Law

The commercial law system participates in the formal sources of our legal system which, remember, according to Art. 1 CC is the law, custom, and general principles of law. However, Art. 2 BCC provides a specialty in the hierarchy of sources. Specifically, Article 2Cco provides that acts of trade are governed by: 1, by the provisions contained therein, failing that, that is, if no applicable provision 2nd custom or usage by commercial (commercial uses) and 3rd the absence... Continue reading "Commercial Law: Employer Status, Sources, and Key Concepts" »

The Single Business Window (FUE)

The Single Business Window (FUE) is an initiative launched in 1999. It was jointly established by various ministries (Justice, Economy, Finance, Labor and Social Affairs, Public Administration), autonomous regions, municipalities, Chambers of Commerce, and the Higher Council of Chambers of Commerce. Its primary goal is to facilitate the creation of companies through two main objectives:

• Inform and Advise Entrepreneurs: Provide comprehensive advice on various aspects of company creation, including required formalities for constitution, suitable legal forms, potential funding sources, public subsidies for firms, and job creation incentives.
• Facilitate Processing: Streamline the administrative procedures involved

Heritage National Institute of Land Transport

Article 24: Assets of the National Institute of Land Transport

The assets of the National Institute of Land Transport are composed of:

1. Those movable and immovable property, rights, and shares which were transferred at the time of its creation.
2. All those movable and immovable property, income, rights, and shares it acquires in accordance with the law.

Income of the National Institute of Land Transport

Article 25: Income Sources

The income of the National Institute of Land Transport consists of:

1. All income earned as a result of its management, as well as the product of its economic activities with natural or legal persons, domestic or foreign.
2. The income from fines and records reviews conducted by the Technical

What is the principle of promptness in administrative procedure? It obliges the authorities and officials of the organs of state administration to act on their own initiative in the initiation of the procedure in question and its continuation, with expedited procedures to process the file and remove obstacles that affect its prompt and proper decision.

What is Rejection in the administrative procedure? Any interested party may waive a right or withdraw its request if it is not prohibited by law. If the procedure was initiated by two or more stakeholders, abandonment or waiver applies only to those who have made it.

What is the expiration of the administrative procedure? It is a form of punishment of the petitioner for failure to provide records... Continue reading "Key Principles of Administrative Procedures" »

The Fourth Republic inherited almost all the defects of the Third Republic: weak governments, ineffective parliaments, and widespread public disappointment and cynicism. While it achieved important goals in social and economic aspects, its main weakness was the problem of colonialism. The insurrection in Algiers in 1958 ultimately caused its demise.

Fearing that Paris would be taken, the only person who could control the situation, General de Gaulle, was called upon. Hailed by the people, De Gaulle tried to reassure the left, while the right, the settlers, and army chiefs believed that he would keep Algeria as a French colony.

The Fifth Republic: General Characteristics

In June 1958, the National Assembly invested General de Gaulle as head of... Continue reading "France's Fifth Republic: Genesis and Enduring Legacy" »

Constitutional Court Analysis of International Treaties

The Constitutional Court can analyze any treaty, whether it contains only self-executing clauses, only non-self-executing clauses, or a combination of both types of provisions.

This precision is crucial when analyzing the treaty's constitutionality. Non-self-executing clauses, which require pre-legislative work and are not yet part of domestic law, are not considered contradictory to the Constitution at this stage because they are not yet integrated into the internal legal order. The Constitutional Court performs this analysis as outlined in the Constitution.

Therefore, in each case, the Court must first determine the nature of the treaty provisions. Only if the standard is self-executing... Continue reading "Constitutional Court: Treaty Constitutionality and Legal Principles" »

Item 7: Public Companies

Public Enterprise Initiative

State intervention and public administrations through their firms in the economy are addressed in Article 38 of the European Community (EC) Treaty. This article recognizes the freedom of enterprise within the market economy. Public authorities guarantee and protect freedom of enterprise, in accordance with the requirements of the general economy and planning.

Article 128 EC establishes the possibility of public initiative, stating: "Public initiative recognizes economic activity. By law, resources can be reserved for public service or essential services, and intervention in companies may be agreed upon for reasons of general interest."

Conclusions:

• There may be areas that do not allow the involvement